Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1887-04-29
INTERSTATE COMMERCE..
The Commissioa Takes Occasion to Gently Iect.
ure Railroad Men-Their Corporations Invited
that the Law May be Fairly Executed s5


asking rulings upon many questions sug-
sested by the text OF the law. To those it
makes answer:
"A careful reading 81 the act under which
this commission is organized will show to
the petitioners and others who have made
similar applications that no jurisdiction
has been given to us to answer questions
like these under consideration. Two Sec
tions Of the law confer power upon the
commission to entertain and decide appli-
cations and petitions. Section A. empow-
ers US, upon application by a common car.
rier, to authorize such common carrier, in
special cases, to charge less for longer than;
for shorter distances over the same line, and
also to prescribe the extent of relief from
the operation OF the former part Of the
same section which designated common
carrier may from time to time enjoy.
It is obvious that applications like those
OF the railway conductors and the Trade
and Travellers union have no relation
section 4-the only section OF the law which
the commission has power to suspend or
relax.
Although it might be desirable or at
least convenient in respect to many pieces
of new legislation to have g. tribunal estab-
lished to which inquiries might apply for
instruction and advice respecting the
meaning OF the law and its application to
suggest circumstances and conditions, q
moments reflection will show that NO such
tribunal could be properly erected. Con.
railroads out OF the hands of the railroad
companies. Tt has simply established
CERTAIN GENERAL PRINCIPLES
under which interstate commerce must be
conducted. There is nothing novel in these
provisions. They simply bring back the
business OF the common carriers to the
well settled principles of the com on law.
Yet no one can deny that there was urgent
need OF their statut DRY formulation? AL
legged difficulties in putting them in opera
ton only disclose examples OF the extent
to which they have been violated in the
past. The sections OF the act are express
ed in plain words. A construction must
be given to them in the first instance to
the carriers and their patrons. When
course OF conduct has been adopted, OF
which complaint is made that it violates
the law, the decision of the question
will rest with the courts or with
the commission as the complaining
party may elect. This is the orderly meth
Cd in which all legislation is administered
and applied, and the statute in question
represents NO exception. 1t appears from
the clamorous petitions that have been
of them obviously upon the suggestion if
not by the procurement OF the carriers,
that comment on the law by the carriers,
and those who have heretofore enjoyed
special favors at their hands, describes the
system Of penalties which the law provid-
as extreme, and the risks imposed on
unintentional and unwilling violators of
the provisions as enormous. Such COM
ment seems to US neither fair nor Just. It
is true that section s provides that for vi
olations OF the law, and for failure to do
an act which the law requi res, the offending
carrier shall be liable to the injured party for
THE ACTUAL DAMAGE
sustained, together with q reasonable
counselor attorney fee to be fixed by the
court and collected with the costs in the
case. It is also true that section 10 i'm
poses fine of not to exceed $4,000 upon
common carriers and their officers, agents
and servants who willfully do or cause to
be done, or willingly suffer or permit to be
done an prohibited act. upon conviction
in district court OF the United States.
The remedy described in section adds an
attorneys fee to the existing common law
right OF any injured party to recover the
full amount of his damage. O. condition OF
affairs which cannot greatly alarm corpo-
rations disposed to fair dealing, while the
criminal remedy given in section 10 obvi-
OuBly pertains to Intentional violators OF
the law, and in these cases to begraduated
by the court according to the enormity of
the offense. Good faith exhibited in an
honest effort to carry out the requirements
OF the law will involve reasonable and fair
minded officials in no danger OF damages
or fines. The elasticity OF the statute in
their favor is noticeable. The unjust dis
elimination of section must be in {. like
and contemporaneous service in the trans
portation OF a like kind of traffic under
substantially similar circumstances and
conditions" The preference or advantage
OF section 3 must be undue or unreason-
able" throughout the act as it now stands
in oonfessedly experimental form, there is
exhibited an obvious and generous pur-
pose to allow to the corporation ample
common carriers for the people, and fair
consideration OF every reasonable claim,
while insisting upon just, impartial, open
and consistent rates OF charge, to which
every citizen shall be subject alike, whose
situation is the same. Surely the people
COULD NOT ASK FOR LESS.
The language and the tenor OF the act
wholly fail to justify railroad managers, if
any such there be who refuse to accept re-
sponsibilities decline to offer rates, to neg
lect to announce conditions of traffic, en-
business and impose stagnation upon
trade, they ''stick in the BARK OF the
phrases and impressions of the law in
venting doubts and imaginable dangers.
1t is still more uniustiiable for railroad
companies to make use OF the general
clauses Of the law, ignoring it's modifying
and enlarging words and formulas, in or
der to impose additional burdens upon
localities, trades, professions, manufact-
urers, consumers, classes OF travellers or
employers. straining and depressing every
construction in favor OF the corporation
treasury and quoting the new law as au-
thority for all manner of petty exactions.
The powers OF the commission are entirely
adequate to cope with such conduct, the
existence OF which is not affirmed although
it has been somewhat publicly suggested.
The same statute which .enacts that
charges for like service shall be uniform to
all also provides that charges in every
case and for every kind and class OF
service, e shall be reasonable and
just. AS the law is practically ap.
piled, it is said to contain many ele.
ments OF advantage to the economic
81 and profitable management Of the bust
ness OF the carriers, which they have not
been slow to apprehend and take the bene-
fit of. The commission ventures to ex-
press the hope that with this explanation
respecting the mutual functions. Of the car
riers and the commissioners in carrying
The law into effect according to its true in.
tent and meaning, there will be no lack OF
good faith and active cooperation in
continuing the normal activity OF every
kind Of reputable industry and traffic
throughout the land. under favorable, lair
and reasonable terms, conceding frankly
to the people all the rights. benefits and
advantages and equal privileges which the
act to regulate commerce was intended to
secure. -SsE - s<+S*& = =
Salisbury Attacks Gladstone. .s
Lord Salisbury, in a speech before the
Primrose league in London, paid: The
hollow a9itation carried son during the
Easter holidays by the opposition had